M/s. Sanjeev Kabra HUF …. … v. 1. Indian Bank
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI (Civil Writ Jurisdiction) W.P.(C). No.2364 of 2023 ---- M/s. Sanjeev Kabra HUF …. …. Petitioner Versus 1. Indian Bank (erstwhile Allahabad Bank), Stressed Asset Management Large Branch, Kolkata through its Chief Manager, Kolkata, West Bengal. 2. Authorized Officer, Indian Bank (erstwhile Allahabad Bank), Stressed Asset Management Large Branch, Kolkata through its Chief Manager, Kolkata, West Bengal. …. …. Respondents ---- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ---- For the Petitioner For the Respondents : Mr. M.S. Mittal, Sr. Adv. : Ms. Amrita Sinha, Adv. 05/Dated: 13th June, 2023 ---- 1. At the very outset, learned senior counsel for the petitioner seeks permission to withdraw the supplementary affidavit dated 17.05.2023 and interlocutory application being I.A. No.4890 of 2023. 2. 3. 4. Permission is accorded. This affidavit will not form the part of the record. The present writ petition has been filed pursuant to the auction initiated vide e-auction sale notice dated 29.12.2022 (Annexure-1). 5. It appears that the petitioner has participated in the said auction process and being the highest bidder, the bid has been accepted in his favour. The auction of the property has been made and the details are as follows:- “Detailed description of the property-III Equitable Mortgage of landed property with land measuring 7 katha 9 dhura along with construction of house, well, boundary wall & other structure standing thereon, being used as godown, portion of RS Plot No.177 of Khata No.117, corresponding to portion of M.S. Plot No.738 and 739, Holding No.1228/A, Ward No.II (old), No.V (new) of Ranchi Municipal Corporation, situated at Jalan Road, Upper Bazar, Ranchi Police Station Kotwali, Ranchi, being Deed No.3672 dated 13.04.1994 registered at District Registration and Sub
Legal Reasoning
Registration Office Ranchi. The property is in the name of Mr. Anil Kumar Agarwal. The Property is mortgaged exclusively with Indian Bank). The property is butted and bounded by: On the North- by Road. On the South-by land of Ranchi Zamindari. On the East- by land of Shyam Kishore Sahu. On the West-by land of Smt. Anti Devi.” 6. The brief fact of the case is that:- (i) The auction notice has been issued 29.12.2022 for initiating the auction of the property in question. (ii) The bid has been held on 07.02.2023 in which the petitioner along with other participants has participated and being the highest bidder, his bid has been accepted and he has deposited further 15 per cent including the 10 per cent pre-deposit. Thus, he has totally deposited 25 per cent of the total amount. (iii) As per the terms of the auction, he has to deposit rest of the amount within 15 days. (iv) Thrice extension of time has been given. The last date was 08.05.2023. (v) It is the case of the learned senior counsel that although earlier request was made for the extension of time due to the paucity of fund but subsequently it has come to the knowledge of the petitioner that the property, in question, was not in the possession of this applicant. This apprehension gets fortified___ (a) Vide annexure-6 (Series) notice dated 08.02.2023 issued by the Deputy Commissioner-cum-District Magistrate, Ranchi whereby the notice was given to concern for taking possession over the said property. (b) Annexure-7 dated 28.02.2023 is the letter written to the Deputy Commissioner-cum-District Magistrate, Ranchi to the SSP Ranchi for providing necessary police force. 7. On the strength of the above fact, It has been submitted by the learned senior counsel that the petitioner got reasonable apprehension that the property, in question, was not in the possession of the Bank and it is a litigated property and as such request has been made to the Bank for assurance. 8. This is the reason for non-deposition of the balance amount within time and the petitioner has approached the Court by filing the present writ petition on 01.05.2023, that is before the last date of deposition of the balance amount, which is 08.05.2023. 2 9. Argument has been advanced by the learned senior counsel for the petitioner that rest of the amount could not be deposited as there was reasonable apprehension in the mind of the petitioner that the property in question was not in the possession of the Bank. This apprehension got fortified by the Annexure-6 and Annexure-7 issued by the Deputy Commissioner-cum-District Magistrate, Ranchi. 10. Permission has been sought from this Court for depositing the same amount within a week from today. On above factual aspect, the prayer has been confined only to the extent that the process initiated by the auction should continue on deposition of the said amount and it should be completed as per the auction. 11. Learned counsel for the respondent-Bank has opposed such prayer stating that the amount has not been deposited within time. According to the Rule-9(4) of the Security Interest (Enforcement) Rules, 2002, only ninety days can be granted for deposit of the rest amount and as such the Bank is every right to forfeit the amount as deposited by the petitioner. 12. Having heard the parties and from perusal of the records, it appears that the fact of this case is peculiar. In the present case, although the rest of the bid amount is 75 per cent and the same has not been deposited within time but the petitioner has approached this Court before the expiry of the period. 13. Further, it appears that there is reasonable apprehension in the mind of the petitioner that the property, in question, was not under the possession of the Bank at time of auction which gets fortified by the Annexure-6 and Annexure-7. 14. Considering the peculiar fact of the present case, the present writ
Decision
petition is, hereby, disposed of giving liberty to the petitioner to deposit rest of the amount within seven days from today. 15. If such amount is deposited within seven days from today, the Bank authority is directed to process the auction held on 07.02.2023 for the property in question in the present writ petition and complete the same as per the auction notice. 16. With above observation and direction, the present writ petition stands disposed of. Amar/- (Rajesh Kumar, J.) 3